How long does it take to get a divorce in Texas?

Julie Gray

Texas managing attorney at Marble Law

Published October 9, 2024 · 4 min read

Key Takeaways

Texas law requires a mandatory 60-day waiting period (or “cooling off period”) after filing for divorce.
Uncontested divorces (where both spouses agree on everything) can sometimes be finalized in as little as 3-4 months after the waiting period, though this varies depending on things like spouse response time and court waiting periods.
Contested divorces (where there are disagreements) can take 6 months to a year or longer.
Legal representation can help navigate the process and potentially expedite it.

Filing for divorce in TX: What You Need to Know

Going through a divorce in Texas can be an uncertain time, and understanding the potential timeframe for finalization can be helpful.

Texas law requires a mandatory 60-day waiting period, or “cooling-off period” after the initial divorce paperwork is filed. This period allows both spouses time for reflection and potential reconciliation. It's important to note that the court cannot finalize the divorce during this waiting period, regardless of any agreements reached between the spouses. This time can be productively used to explore mediation or other avenues for resolving outstanding issues.

If both spouses agree on all aspects of the divorce, such as property division, child custody (if applicable), and spousal support (if applicable), the process can be finalized relatively quickly. Following the 60-day waiting period, uncontested divorces in Texas typically take approximately three to four months to conclude. The exact timeframe can be influenced by court backlog and the availability of the judge assigned to your case.

If there are disagreements on any aspect of the separation, the process will take longer. Common areas of disagreement include:

Complex Property Division: When spouses have intricate financial holdings, businesses, or inherited assets, dividing these fairly can be a lengthy process. Appraisals, negotiations, and potentially litigation can all contribute to delays.
Child Custody Disputes: Disagreements regarding child custody arrangements, visitation schedules, or child support can significantly extend the divorce timeline. Mediation or court-ordered evaluations may be necessary, adding further time to the process.
Spousal support disagreements: Disputes surrounding spousal support can lead to extended negotiations, potentially delaying the finalization.

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These are just a few of the factors that can significantly extend the timeline of a contested divorce in Texas. In such cases, it's not uncommon for the process to take at least six months to a year, and in some complex situations, it could take even longer.

While it's possible to navigate an uncontested divorce without an attorney, having legal counsel can help make the process feel easier. In contested cases, legal representation can make a big difference. An experienced divorce attorney can provide guidance on complex issues, negotiate settlements, and represent your interests effectively in court. This can not only protect your rights but also potentially expedite the process by avoiding unnecessary delays.